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HomeMy WebLinkAboutContract 35493 T -77TARY f 10 CONSENT AGREEMENT FOR TEMPORARY USE OF PUBLIC PROPERTY STATE OF TEXAS COUNTY OF TARRANT THIS AGREEMENT is made and entered into by and between the City of Fort Worth, a municipal corporation of Tarrant County, Texas, acting herein by and through its duly authorized Building Official, hereinafter referred to as the "City" and LIPf9g-� 6D/A�7t`LL( / L®/� `-�ic, S . -WC Acting by and through its duly authorized agent, LAf&, -)Opp Hereinafter referred to as "Grantee". WITNESSETH: For and in consideration of the payment by Grantee of charges set out below and the true and faithful performance of the mutual covenants herein contained, City hereby grants to Grantee permission to temporarily encroach upon, uses and occupy portion of the space under, on and/or above the streets, alleys, sidewalks or other public rights-of-way as follows: OQ Lpp t s S -` & Ai 4 �2oo C 17am 5f WEsT Se of- wu ,.1 The location and description of said encroachment is more particularly described in Exhibit "B" attached hereto, incorporated herein and made a part hereof for all purposes. 2. All use and occupancy of public street, alleys, sidewalks or other public rights-of-way under this agreement shall be in strict compliance with the Charter, Ordinances and Codes of the City and in accordance with the directions of the Building Official and the Director of Transportation and Public Works of City. r IR('2�1 � u CONSENT AGREEMENTfor Temporary use of public properly.00c 3. Upon expiration of this agreement and the privileges granted hereunder, there shall be no encroachment by Grantee in, under, on or above the surface of the public rights-of-way involved. 4. Grantee agrees to pay in advance an encroachment fee for the temporary privilege of encroaching upon a portion of the public rights-of-way as described in Exhibit "B". Said fee is calculated in the manner and amounts prescribed by the Building Code of the City of Fort Worth for temporary use or occupancy of public property. The estimated total amount of said fee is: s. Grantee, at no expense to City, shall make proper provision for the relocation and/or installation of any existing or future traffic control devises or other improvements affected by such encroachment, use and occupancy, including the securing of approval and consent from the appropriate agencies of the State and its political subdivisions. In the event that any installation, reinstallation, relocation or repair of any existing or future traffic control device or improvement owned or constructed by or on behalf of the public or at public expense is made more costly by virtue of the existence of such encroachment and use, Grantee shall pay to City and additional amount equal to such additional cost as detennined by City. 6. The term of this agreement shall be for _days, from `9-g 7 to 7"6, Provided, however, should the need for the encroachments granted hereunder at any time cease, Grantee agrees to immediately notify City of such condition; and, upon receipt of such notice by the Building Official of the City of Fort Worth, this agreement shall terminate. 7. It is expressly understood and agreed that this Consent Agreement is for a temporary encroachment in, under, over and upon the public property as located and described in Exhibit 2 CONSENT AGREEMENTIor Temporary use of public propery doc "B". This agreement shall not be construed as the granting of a permanent easement, encroachment or license upon City's public streets, alleys, sidewalks, or other rights-of-way. 8. City, through its duly authorized representatives, shall have the full and unrestricted right to enter upon all public rights-of-way for the purpose of making inspections to determine compliance with the terms, covenants and conditions herein. In the event that any inspection should reveal a breach of any terms, covenants or conditions herein, City shall give Grantee notice of such breach. Should such breach not be corrected by Grantee within twenty-four (24) hours of receipt of the notice, or within such shorter period of time as deemed necessary by the Building Official for the protection of public health or safety, City may terminate and cancel this agreement. 9. Upon expiration or termination of this agreement for any reason whatsoever, Grantee shall, at no expense to City, restore the public rights-of-way and adjacent supporting structures to a condition acceptable to the Director of Transportation and Public Works or his duly authorized representative and in accordance with then existing City specifications, and Grantee shall remove all barricades, equipment, supplies, materials or other property from said location. Grantee further covenants and agrees that for a period of one(1) year after the termination of this Consent Agreement, Grantee will repair all conditions or damages to the streets and sidewalks or other rights-of-way that have resulted from Grantee's use or occupancy of the streets and sidewalks or other rights-of-way, as determined by the Director of Transportation and Public Works or his designee. Grantee agrees to begin such repairs within thirty (30) days of receipt of notice from the Director of Transportation and Public Works or his designee. All repairs shall be performed in an expeditious and workmanlike manner and shall comply with all applicable laws, codes, ordinances and City specifications. In the event that Grantee fails to comply with the covenants herein contained with respect to such removal or restoration, the City shall have the right to remove or dispose of any barricades, equipment, supplies, materials or other property and repair any conditions which in the opinion of the City are necessary to bring the public rights-of-way to the condition prescribed herein, and City shall not be responsible for trespass or any other damage or liability in connection with such removal or restoration. Grantee shall reimburse City for the cost and expense of such removal and/or repairs immediately following billing for same by City. 3 CONSENT AGREEMENTfor Temporary use of public property.doc Nothing herein shall be construed as a waiver by City to enforce penal sanctions prescribed by the Code of the City of Fort Worth and the laws of the State of Texas for Grantee's continued encroachment upon the public rights-of-way following termination of this Consent Agreement. 10. It is further understood and agreed between the parties hereto that City holds the city streets, alleys, sidewalks and other public rights-of-way, including the portions of such streets used and encroached upon as described herein, as trustee for the public; that City exercises such powers over the streets as have been delegated to it by the Constitution of the State of Texas or by the Legislature; and the City cannot contract away its duty and its legislative power to control the streets for the use and benefit of the public. It is accordingly agreed that if the governing body of City, to wit, its City Council, shall at any time during the term hereof determine in its sole discretion to use or cause or permit to be used for any public purpose the said encroached portion of the streets, then this agreement shall be automatically canceled and terminated. 11. Grantee agrees to comply fully with all applicable federal, state and local laws, statutes, ordinances, codes or regulations in connection with the construction, operation and maintenance of said encroachments and uses. 12. Grantee agrees to pay promptly when due all fees, taxes or rentals provided for by this agreement or by any federal, state or local statue, law or regulation. 13. Grantee covenants and agrees that it shall exercise all rights and privileges granted hereunder as an independent contractor, and not as an officer, agent, servant or employee of City; that Grantee shall have exclusive control of and the exclusive right to control the details of its operations and activities on said described public property and all persons performing same, and shall be solely responsible for the acts and omissions of its officers, agents, servants, employees, contractors, subcontractors, licensees and invitees; that the doctrine of respondeat superior shall not apply as between City and Grantee, its officers, agents, servants, employees, contractors and subcontractors, and nothing herein shall be construed as creating a partnership or joint enterprise between City and Grantee. 4 CONSENT AGREEMENTfor Temporary.ue of public property.doc 14. GRANTEE COVENANTS AND AGREES TO INDEMNIFY, AND DOES HEREBY INDEMIFY, HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY DAMAGE OR LOSS AND/OR PERSONAL INJURY, CNCLUDING DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER KIND OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE MAINTENANCE, OCCUPANCY, USE, EXISTENCE OR LOCATION OF SAID ENCROACHMENT AND USES GRANTED HEREUNDER, WHETHER OR NOT CAUSE, IN WHOLE OR PART, BY ALLEGED NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES OR INVITEES OF CITY; AND GRANTEE HEREBY ASSUMES ALL LIABILITY AND RESPONSIBILITY OF CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FOR SUCH CLAIMS OR SUITS. GRANTEE SHALL LIKEWISE ASSUME ALL LIABILITY AND RESPONSIBILITY AND SHALL INDEMNIFY CITY FOR A_-NNY AND ALL INJURY OR DAMAGE TO CITY PROPERTY, ARISING OUT OF OR IN CONNECTION WITH ANY AND ALL ACTS OR OMISSIONS OF GRANTEE, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENNEES, INVITEES OR TRESPASSERS. 15. Grantee agrees to furnish City with a Certificate of Insurance, naming City as certificate holder, as proof that it has secured and paid for a policy of public liability insurance covering all public risks related to the proposed use and occupancy of public property as located and described in Exhibit"B". The amounts of such insurance shall be not less that the following: Property damage, per occurrence S 100,000.00 Bodily injury, per person S250,000.00 Bodily injury or death,per occurrence S500,000.00 With the understanding of and agreement by Grantee that such insurance amounts shall be revised upward at City's option and that Grantee shall so revise such amount immediately following notice to Grantee of such requirement. Such insurance policy shall provide that it cannot be canceled or amended without at least thirty (30) days' prior written notice to the Building Official 5 CONSENT AGREEMENTfor Temporary use of public propeny.doc of the City of Fort Worth. A copy of such Certificate of Insurance is attached as Exhibit "A". Grantee agrees to submit a similar Certificate of Insurance annually to City on the anniversary date of the execution of this agreement. Grantee, agrees, binds and obligates itself, it successors and assigns, to maintain and keep in force such public liability insurance at all times during the term of this agreement and until the removal of all encroachments and the cleaning and restoration of the city streets. All insurance coverage required herein shall include coverage of all Grantee's contractors. 16. Grantee covenants and agrees that it will not assign all or any of its rights, privileges or duties under this contract without prior written approval of City, and any attempted assignment without such prior written approval shall be void. 17. This agreement shall be binding upon the parties hereto, their successors and assigns. 18. Should any action, whether real or asserted, at law or in equity, arise out of the terms and conditions of this agreement or out of the use and occupancy of City property as permitted hereunder, venue for said action shall be in Tarrant County, Texas. 19. In any action brought by City for the enforcement of the obligations of Grantee, City shall be entitled to recover interest and reasonable attorneys' fees. EXECUTED this q,"' day of J ik`1 GRANTOR: GRA CITY OF FORT WORTH 799- Building Official R2-6sq Title 6 CONSENT AGREEMENTfor Temporary use of public propemy.doc UOED TO FO LEGALITY: Assistant City Attorney Date City Secretary Date NO M&C; ItEQJIRED 2 V� L.\'J�UViIC U�S�e 7 CONSENT AGREEMENTfor Temporary use of public property.doc STATE OF TEXAS COUNTY OF TAR-RANT BEFORE ME, the undersigned authority, a Notary Public in and F he tate of Texas, on this day personally appeared \\ j��`'�-���1 ,known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same for the pf rpose and consideration there if expressed, as the act and deed of C act and in the capacity therein stated. IVEN UNDER MYHAND AND SEAL OF OFFICE this day of y`\z , 200'? . Affnant Title Notary Public in and for The State of Texas <w�►r ANGELA ESTRADA Notary Public STATE OF TEXAS MyConn.Exp.08/21/2007' 8 STATE OF TEXAS COUNTY OF TARRANT BEFORE ME, the undersigned authority, a NotaagPublic in d the State of Texas, on this day personally appeared ,known to me to be the person wh e name cs ubscribed to the foregoing instrument, and acknowledged to me that he/she executed the sanleforyi4gf urposes and consideration therein expressed, as the act and deed of lL , and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of 6 9 Aff*W)rl A'ff Title Notary Public in and for The State of Texas '*V,y^�,�, R. G. NAREZ Notary Public,State of Texas My Commission Expires September 10,2009 9 Contractors Name: ��_;"irt,��t_,c'2oL� Point of Contact: �ZI ,12,4 77 :e / Phone Number: f72 .5'- 0797 Building Permit Number: �Z)2-- /)�; Purpose for Closure:4Attik-Ot1r41 j'- -Alej' Begin Date: "C End Dater Type of Taper according to posted speed limit: Tapers @ 30 MPH 1 Oft Offset 3Oft minimum Tapers @ 35 MPH 1 Oft Offset 35ft minimum Tapers @ 40 MPH 1 Oft Offset 40ft minimum TFh4PWA Y U CUPANCY OF PUBLIC PROP R 3 DAYS LESS 7 MORE 7 N�try 3 DAYS S 100VVkU< FEE- SQF1 X X AYS STPfE-� SQFT. X o3 X Zq YS GC FF Cr'f✓ L " 5 0EWAL-,C-- FQ e- "Aft/ LIN1 I_T tAjlLL 1JC7 l ;,Cje&oG j N AFTER ALL _ APPLIC MUST CALL FOR AND �I �e—, G�' RECEIV A ` INSPECTIOS OR OBS RUCTIONS APPROP I LIA ARE IN P CE. JURT Ub GUU I tl: g INN JT VJLV JV VJ I ACORD,� CERTIFICATE OF LIABILITY INSURANCE OATE(MMIDDIYYYY) o6/0112001 PRODUCER (940) 3 0-7701 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION CONSOLIDATED I SURANCE/SIG INSURANCE SERVICES ONLY AND CONFERS N0 RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 2220 SAN JACIN 0 BLVD, Ste 250 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. DENTON TX 76205- INSURERS AFFORDING COVERAGE NAIL it INSURED INSLFRERA Dallas National Insurance LIPPE CONSTRV ION SERVICE, INC INSURER8: PO SOX 56 INSMER C: INSURER D: Roanoke TX 76262— 1 INSURERE: COVERAGES THE POLICIES OF INSIURjkNCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED-NOTWITHSTANDING ANY REQUIREMENT.TERM O CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR IAAY PERTAN, THE INSURANCE AFFO OED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SH WN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR d POLICY E CTIVE POUCY EXPIRATION LTR TYPE Of xYSURANCE POLICY NUMBER DATEIM DATE MWDDIYY) LNNTS A GIGNERAL LiAM ITY DGIC66704 03/21/2007 03/21/2008 AIEACyyH2OCCURRENCE s 1,000,000 X COMMERC GENERAL LIABILITY PRt MESSES otawNTE ante 3 100,000 CLAIM14 LODE Q OCCUR / I / / _ WED EXP one S . 5,000 PERSONAL&ADV INJURY i 1,000,000 GENERAL AGGREGATE S _2,000,000 GEN'L AGGRIEW TE LIMIT APPLIES PER;' PRODUCTS-COMPIOP AGG S 2,000,000 POLICY JECT LOC B AUTONOWLEUJIMUTV / / / / COMBINED SINGLE LMIT ANY AUTO (Es acddad) S 1,000,000 ALL OWNEC AUTOS IRCZQ0327 03/21/2007 03/21/2008 BODILY INJURY X SCHEWLE AUTOS (Par person) f X HIREDAUTIM BODLYROURY X NON-OMEDAUTOS CPw accldw* S PROPERTYDAMAGE (Per aaidert) S GARAGELJAEKTV AUTO ONLY-EA ACCIDENT S ANY AUTO / / / / OTHERTMAN EAACC S AUTO ONLY. AGG S EXCESSATMBR LA LIABILm / I / / EACH OCCURRENCE S OCCUR CWMS MADE AGGREGATE S S DEOLICTIM E S RETENTION 5 S WORKERS COMPENW rION AND YTA IU- TH- EMPLOYGRY LIAI�I TT ER ANY PROPRIETORfPAF TNEMXECUTFVE E.L EACH ACCIDENT S OFFICERRJEMBERE LUDED? / / / / - E.LDISEASE-EAEMPLOYEES 11 yes,describe utter SPECIAL PROVISIONS mlow EL MEASE-POLICY LIMIT Is OTHER DESCRIPTION OF OPERATIO 40LOCATIMSMN11CLESFEXCLUSIONIS,ADDED WYENDORSEMENTIVECIM.PROV161ONS CERTIFICATE HOLDS I CANCELLATION ( ) — (817) 491-0197 SHOULD ANY OF TIRE ABOVE DESCRINED POUCIGI BE CANCELED BEFORE THE EXPIRATION DATE THEREOF, THE SSUING {INSURER WILL ENDEAVOR TO MAL 30 DAYS WRITTEN NOTICE TO THE CERTIRCATE HOLDER NAMED TO THE LEFT,NLTT RISE CITY OF FT,WORTH FAILURE TO DO 60 SHALL IMPOSE NO OBLIGATION OR UABIUTY OF ANY KIND UPON THE DISIUREIR,ITS AGENTS OR REPRES THE& AUTHORIZED REPRESENTATIVE ACORD 25(2004100) ®ACORD CORPORATION 1988 fl,r INS026(moop6 ELECTRONIC LASER FORMS.INC.-(W013274 545 Page 1 oF2 Jun ub zuu i a: 4 OHM „- i IMPORTANT if the cArlificate holder is an ADDITIONAL INSURED, the poicy(ies) must be endorsed. A statement cn this ceitificat i does not confer rights to the certificate holder In lieu of such endorsement(s). If SUBR GATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in Neu of such endorse ent(s). DISCLAIMER The Cellificate of Insurance on the reverse side of this form does not constitute a Contract between the Issuing insurers, authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend,extend or alter the coverage afforded by the policies listed thereon. ACORD 26(200VOS) Vj M IN3021S pi l.os Paw 2 V 2